Resolution 2006-010 THE UNITED CITY OF YORKVILLE
RESOLUTION NO.: - 10
A RESOLUTION AMENDING RESOLUTION 99 -25, THE PILOT FACADE
IMPROVEMENTS AND HISTORIC PRESERVATION AGREEMENTS BETWEEN
THE UNITED CITY OF YORKVILLE AND CERTAIN MERCHANTS/ BUILDING
OWNERS AND RESIDENTS OF SAID CITY
WHEREAS, the City Council has duly considered the recommendations amending the
Pilot Facade Program instituted by the United City of Yorkville known as Resolution 99-
25, which was amended by Resolution 2004 -15; and
WHEREAS, the City Council and Mayor have determined that the changes contained in
this amended Resolution benefit the Citizens of the United City of Yorkville:
NOW THEREFORE UPON MOTION DULY MADE, SECONDED, AND
APPROVED BY A MAJORITY OF THOSE CITY COUNCIL MEMBERS VOTING,
THE FACADE PROGRAM OF THE UNITED CITY OF YORKVILLE IS AMENDED
AS FOLLOWS:
Exhibit "A" to Resolution 99 -25 Titled "Facade Improvement Agreement" shall
be deleted in its entirety, and in its place shall be substituted the attached Exhibit "A"
which shall now serve as the new " Facade Improvement Agreement" said new
Agreement deletes the term "Pilot" in reference to the Facade Program rendering the title
of the program as the United City of Yorkville's Facade Program.
Furthermore, the new Agreement deletes the concept of a "District" and makes all
areas within the boundaries of the City eligible for application to the Facade Program.
Furthermore the provisions of Resolution 99 -25, and those of Resolution 2004 -15
are hereby ratified to the extent that they are not amended by this Resolution.
JASON LESLIE u.- JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
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Illinois, this Day A.D. 2006.
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MAY CO�
Passed by the City Council of the United City of Yorkville, Kendall County,
i Illinois this V-k day of � � , A.D. 2006.
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ATTEST:
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CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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EXHIBIT" A 99
United City of Yorkville
Facade Improvement Agreement
THIS AGREEMENT, entered into this day of 20 ,
between the United City of Yorkville, Illinois (hereinafter referred to as "City ") and the
following designated OWNER/LESSEE, to wit:
Owner /lessee's name:
Name of business:
Tax ID #/ Social security #:
Address of property to be improved:
PIN Number:
WITNESSETH:
WHEREAS, the City has established a Facade Improvement Program for
application within the United City of Yorkville ( "City "); and
WHEREAS, said Facade Improvement Program is administered by the City with
the advice of the Review Committee and is funded from the general fund for the purposes
of controlling and preventing blight and deterioration within the City; and
WHEREAS, pursuant to the Facade Improvement Program the City has agreed to
participate, subject to its sole discretion, in reimbursing Owners /Lessees for the cost of
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eligible exterior improvements to commercial establishments within the City up to a
maximum of 50% of the approved contract cost of such improvements; and
WHEREAS, the Owner /Lessee's property is located within the City and the
Owner /Lessee desires to participate in the Facade Improvement Program pursuant to the
terms and provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
obtained herein, the City and the Owner /Lessee do hereby agree as follows:
SECTION 1:
With respect to fayade improvements to the front and side of a building and
related eligible improvements, the City shall reimburse Owner /Lessee for the cost of
improvements to the Owner /Lessee's property at the rate of up to fifty per cent (50 %) of
such cost, providing that the Owner /Lessee has spent at least $1,000 on the improvement
project.
With respect to improvements to rear entrance(s) of a building and related eligible
improvements, the City shall reimburse Owner /Lessee for the cost of improvements to
the Owner /Lessee's property at the rate of up to 50% of such cost, providing that the
Owner /Lessee has spent at least $1,000 on the improvement project.
The actual total reimbursement amounts per this Agreement shall not exceed
$_(insert the agreed upon amount) for fagade improvements to the
front and side of a building and related eligible improvements and $_(insert the agreed
upon amount) for improvements to rear entrance(s) of a building and
related eligible improvements. The improvement costs which are eligible for City
reimbursement include all labor, materials, equipment and other contract items necessary
for the proper execution and completion of the work as shown on project plans, design
drawings, specifications and estimates approved by the City. Such plans, design
drawings, specifications and estimates are attached hereto as Exhibit I.
SECTION 2: No improvement work shall be undertaken until its design has been
submitted to and approved by the Review Committee. Following approval, the
Owner /Lessee shall contract for the work and shall commence and complete all such
work within six months from the date of such approval.
SECTION 3: The City Building and Zoning inspector shall periodically review
the progress of the contractor's work on the facade improvement pursuant to this
Agreement. Such inspections shall not replace any required permit inspection by the
Building and Zoning officer. All work which is not in conformance with the approved
plans, design drawings and specifications shall be immediately remedied by the
Owner /Lessee and deficient or improper work shall be replaced and made to comply with
the approved plans, design drawings and specifications and the terms of this Agreement.
SECTION 4: Upon completion of the improvements and upon their final
inspection and approval by the City Building and Zoning Inspector, the Owner /Lessee
shall submit to the Review Committee a properly executed and notarized contractor
statement showing the full cost of the work as well as each separate component amount
due to the contractor and each and every subcontractor involved in furnishing labor,
materials or equipment in the work. In addition, the Owner /Lessee shall submit to the
Review Committee proof of payment of the contract cost pursuant to the contractor's
statement and final lien waivers from all contractors and subcontractors. The
Owner /Lessee shall also submit to the Review Committee a copy of the architect's
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statement of fees for professional services for preparation of plans and specifications.
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The Review Committee shall, within fifteen days (15) of receipt of the contractor's
statement, P
roof of payment and lien waivers, and the architect's statement, issue a check
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to the Owner /Lessee as reimbursement for up to one -half of the approved construction
cost estimate, subject to limitations set forth in Section 1 hereof.
In the alternative, at its sole discretion, the City may reimburse Owner /Lessee in
two payments. The first reimbursement may be made only 1) upon completion of work
representing 40% or more of the maximum reimbursement specified in Section 1 hereof
and 2) upon receipt by the Review Committee of the architect's invoices, contractor's
statements, invoices, proof of payment and notarized final lien waivers for the completed
work and 3) upon a determination by the City's Building and Zoning Inspector that the
remainder of the work is expected to be delayed for 30 days or more following
completion of the initial work due to weather, availability of materials, or other
circumstances beyond the control of the Owner /Lessee. The second, final reimbursement
payment shall be made by the City only upon submittal of all necessary documents as
described herein.
SECTION 5: If the Owner /Lessee or his contractor fails to complete the
improvement work provided for herein in conformity with the approved plans, design
drawings and specifications and the terms of this Agreement, then upon written notice
being given by the Review Committee to the Owner /Lessee, by certified mail to the
address listed above, this Agreement shall terminate and the financial obligation on the
part of the City shall cease and become null and void.
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SECTION 6: Upon completion of the improvement work pursuant to this
Agreement and for a period of five (5) years thereafter, the Owner /Lessee shall be
responsible for properly maintaining such improvements in finished form and without
change or alteration thereto, as provided in this Agreement, and for the said period of five
(5) years following completion of the construction thereof, the Owner /Lessee shall not
enter into any agreement or contract or take any other steps to alter, change or remove
such improvements, or the approved design thereof, nor shall Owner /Lessee undertake
any other changes, by contract or otherwise, to the improvements provided for in this
Agreement, unless such changes are first submitted to the Review Committee for
approval. Such approval shall not be unreasonably withheld if the proposed changes do
not substantially alter the original design concept of the improvements specified in the
plans, design drawings and specifications approved pursuant to this Agreement.
Owner /Lessee shall execute and record a restrictive covenant, in a form substantially the
same as "Exhibit II" hereto, or in the alternative, and at the City's discretion, the City
may simply record this entire agreement. The parties agree that should Owner/Lessee fail
to maintain or change the improvement work for the 5 year period as required by this
Section 6, then Owner /Lessee shall reimburse the City a portion of the total amounts paid
under this agreement as follows:
Year in which the failure to maintain or change occurs % of amount to be reimbursed
First Year after Completion (Months 1 -12) 100%
Second Year after Completion (Months 13 -24) 80%
Third Year after Completion (Months 25 -36) 60%
Fourth Year after Completion (Months 37 -48) 40%
Fifth Year after Completion (Months 49 -60) 20%
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Said promise shall be included in the covenant, and shall be an obligation against the
land.
SECTION 7: The Owner /Lessee releases the City from, and covenants and
agrees that the City shall not be liable for, and covenant and agrees to indemnify and hold
harmless the City and its officials, officers, employees and agents from and against, any
and all loses, claims, damages, liabilities or expenses, of every conceivable kind,
character and nature whatsoever arising out of, resulting from or in any way connected
directly or indirectly with the fagade improvement(s), including but not limited to actions
arising from the Prevailing Wage Act (820 ILCS 30/0.01 et seq.). The Owner/Lessee
further covenants and agrees to pay for or reimburse the City and its officials, officers,
employees and agents for any and all costs, reasonable attorneys' fees, liabilities or
expenses incurred in connection with investigating, defending against or otherwise in
connection with any such losses, claims, damages, liabilities, or causes of action. The
City shall have the right to select legal counsel and to approve any settlement in
connection with such losses, claims, damages, liabilities, or causes of action. The
provisions of this section shall survive the completion of said fagade improvement(s).
SECTION 8: Nothing herein is intended to limit, restrict or prohibit the
Owner /Lessee from undertaking any other work in or about the subject premises which is
unrelated to the fagade improvement provided for in this Agreement.
SECTION 9: This Agreement shall be binding upon the City and upon the
Owner /Lessee and its successors, to said property for a period of five (5) years from and
after the date of completion and approval of the fagade improvement provided for herein.
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It shall be the responsibility of the Owner /Lessee to inform subsequent
Owner(s) /Lessee(s) of the provisions of this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the
date first appearing above.
OWNER/LESSEE UNITED CITY OF YORKVILLE
Mayor
ATTEST:
City Clerk
Exhibit I
Plans, Design Drawings, Specifications and Estimates
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Exhibit II
Restrictive Covenant
(A restrictive covenant that will be recorded against the land as evidence that the land
is encumbered by the Fa!VadeAgreement. The intention of recording a covenant is that
the promises of the agreement will bean obligation for all landowners, and will
therefore be binding upon future land owners if the original party to the agreement
sells the building. The specific format of the restrictive covenant will be developed on a
case by case basis depending on the circumstances of the agreement, including but not
limited to the ownership of the property.)
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